My 17 yr old son spent the night by a friends house and they had a party.First time I ever let him spend the night over someones house since he started driving over a yr.He had 4 beers and fell asleep.While he was sleeping the other kids kept drinking and someone called the police.My son fell asleep about 11:30 PM and the cops were called at 4:am. They woke my son up and called him downstairs and questioned him.The officer told my son he could go home.My son left and on the way home they stopped him and got him for Dui, left of center,speeding,..This was the first time by son has ever been in trouble.When they brought my son home I could take one look at him and see was was not in the state of mind to drive.I know he should not have been drinking and I am mad as hell that he did.But should that officier have let him drive home or should he have arrested him right there for under age drinking?What if he would have killed someone or himself..
2006-07-12 05:02:09 · 15 answers · asked by lynda p 3 in Politics & Government ➔ Law Enforcement & Police
They gave him a breathalizer after they picked him up driving.and it read 1.2 over the limet.
2006-07-12 05:09:58 · update #1
Reading the police report it states 0.122% alcohol. And yes the officer even told us when he brought him home that he thought he was alright to drive home. This is in Ohio.And my son did come right home because the officer said he was called to the home at 4:00 am and he brought my son home at about 4:50 am.
2006-07-12 06:46:11 · update #2
The police officer that let him go home probably didn't know that he was drinking; maybe assumed that he fell asleep, say he was underage and sent him home.
I do think however, that your son (and I mean this the nicest way when I say this) that your son should have told the police officer that he was unable to drive because of intoxication. If not tell the police officer, than he should have walked home or called someone for a ride or something. Either way, he should not have been driving.
to answer you question, the police officer should have arrested him there for underage drinking.
2006-07-12 05:08:11 · answer #1 · answered by Anonymous · 0⤊ 0⤋
The officer let him leave so that he could make the arrest. While at the private citizen's house, there is no basis for arrest nor could they be certain he would fail a BAC. They let him leave so that then it would be a more solid case. Unfortunately, your son was more or less set-up. Typically the police will do that and then have an officer follow to ensure that you are not drunk. I would argue that he had just been woken up and was tired, so that could have been a reason for crossing the center and speeding. What was his BAC?
2006-07-12 06:19:59 · answer #2 · answered by warrior_kuhlman04 2 · 0⤊ 0⤋
Unfortunately this is a common tactic of police, In general police are not hear to be our friends, can lie to you and get away with it as well. In this case your son being young had no idea that when a cop tells you to go ahead and drive and you had a few drinks one must say no thanks i need to call some one or a taxi, for they are setting you up. As soon as you get on the road they will pull you over, happen to a friend where at bar a shuffle match occurred police came say OK just leave they left pulled over two mins from bar, another time sleeping off in the car cops came by told me to move along or i was going to get a ticket for sleeping in my car I said OK but i am not driving they just walked away where looking for the DWI more then writing a ticket
get a DWI lawyer but it is not entrapment if the cops said go leave, then testify it was not what they observed at the party but his driving that lead them to pull him over hard lesson to learn
2006-07-12 07:58:14 · answer #3 · answered by goz1111 7 · 0⤊ 0⤋
That's the crappiest set-up I've heard about in a while. I would get a lawyer and fight as hard as you can. The fact remains that your son was going to do the responsible thing and stay at someones house. The issue that he was underage is not important - you cannot stop a kid from drinking. You can only hope they'll do it responsibly. The cops endangered your son's life by letting him drive! That is much worse than underage drinking.
2006-07-12 07:43:12 · answer #4 · answered by dhalia_1977 4 · 0⤊ 0⤋
I would get a DUI lawyer...it sounds like you could at least make an argument that the cops caused the DUI in the first place by telling him to leave. My guess is you're not getting the whole story...like I bet the cops came by, scared you son who then just wanted to go home...at which point they pulled him over. I don't think cops would tell a drunk kid to drive home at 4AM, but if they did...then they should be in trouble.
2006-07-12 05:08:12 · answer #5 · answered by michaelscar 3 · 0⤊ 0⤋
I think that the officer should be willing to drop the charge then since he let said individual drive. I would call the officer and see if he is willing to drop this. The officer should have asked all those present if they have been drinking and if so for them to stay put but to not make any noise or he would come back and cite them all. He has that discretion to do that.
2006-07-12 07:51:57 · answer #6 · answered by midnightdealer 5 · 0⤊ 0⤋
i definently think that #1 your son was wrong for making a stupid decision to drink and a stupider decision to drink and drive, he could have called you to come pick him up.
#2 i definently think the officer was in the wrong as well to see that he was underage, drinking, and definently drunk. i think the officer should have done a test or something to prove intoxication and arrested your son.
the best decision would have been for your son just to call you and have you pick him up. at least you would have known for sure that he would get home safely no matter how mad you were. better angry than dead.
2006-07-12 05:08:43 · answer #7 · answered by super girl 4 · 0⤊ 0⤋
I would say it was the fault of the officer who told him to go home.
I'll admit that I think you're son was probably not too bright to drive home -- He should have called you to get him. But the fact is, the officer who told him to go home should have given him a breathalyzer before he let him get behind the wheel.
2006-07-12 05:07:31 · answer #8 · answered by johngineer 2 · 0⤊ 0⤋
I would file a complaint against the officer and the department.
DUI is a bad thing for anyone, your son will have to learn from what is going to be a bad experience
File a complaint on the police though.
2006-07-12 05:20:43 · answer #9 · answered by boa 1 · 0⤊ 0⤋
I think it is time for the officer to have charges of contributing to the delinquency of a minor brought against him. He clearly abused his power and I would sue the entire county. Get a good lawyer.
2006-07-12 05:12:25 · answer #10 · answered by Jim's redheaded girly 2 · 0⤊ 0⤋